A brief of evidence into the death of Aboriginal man Kumanjayi White at the hands of Alice Springs police has been provided to the Director of Public Prosecutions to determine if charges should be laid, Police Commissioner Martin Dole has said, while police refused to say how Mr White died despite the autopsy report now completed.
Mr White, who suffered from undisclosed disabilities, lost consciousness while being pinned to the floor of the confectionery aisle of the Coles supermarket in Alice Springs in late May by two plain-clothes police officers, after allegedly stealing items and being involved in an “altercation” with security guards.
Mr Dole told a press conference in Darwin on Monday that NT Police was acutely aware of the responsibility it carried when a death occurs in custody and that the community expected “answers and transparency”.
However, Mr Dole and Chief Minister Lia Finocchiaro both earlier ruled out calls for an independent criminal investigation to mitigate the perception of police investigating themselves.
On Monday, Mr Dole would not publicly release the cause of death despite the final autopsy report being given to police, citing “independence” reasons.
He said the cause of death needed to be considered by the DPP “without influence”, adding police had been waiting for the independent medical advice to hand over the brief of evidence, but did not say why it had taken so long.
“We’ve compiled a full and comprehensive brief of evidence, which is now being provided to the Director of Public Prosecutions,” Mr Dole said.
“It is the Director of Public Prosecutions that will now determine whether criminal charges will be laid against any officer or officers involved.”
The Police Commissioner gave no estimated timeframe for when the DPP would make a decision on charges. The Office of the DPP’s deputy director Pat Williams later acknowledged the brief had been referred but would not provide any comment or answer questions, including what factors they would be weighing to determine charges and how long it would take to come to a decision.
It would also not say exactly when the brief of evidence was referred by police.
Mr Dole said police would not release CCTV footage of the incident, despite previously saying it could not be released until the criminal investigation was concluded.
NT Police executive director of cultural reform Leanne Liddle was also at the press conference and said it was important everyone understood the independence of the DPP deciding on any charges which may or not follow. She added there needed to be calm in response to the announcement and any further announcement about charges.
“…It is important that everyone understands the independence of that process,” Ms Liddle said.
“I know that there will be anger and hurt in the days and weeks ahead, and I want to appeal for calm and for respect as a process by the Director of Public Prosecutions runs its course.”
When asked whether police local court prosecutor Steven Haig – who is one of the officers involved in the death – would remain in his position, Mr Dole said it wasn’t the NT Police’s position to comment on the individual officers involved. He said both officers were still working in “non operational, forward facing positions, in administrative roles”.
Mr Dole said there could not be a independent investigation because there was no body nationally that can be called upon to do such investigations.
“So we’ve not shied away from those conversations nationally, if people are still calling for that to occur, and we’re happy to be involved in those conversations nationally, with other police commissioners and with politicians, if something like that was to be set up across Australia,” Mr Dole said.
However in 2023, NT Police brought in a police officer from Victoria to independently review allegations that then-detective senior sergeant Wayne Newell perverted the course of justice in the Zach Rolfe murder investigation. It’s understood that report cleared Mr Newell of any wrongdoing in relation to the Rolfe murder investigation, but it has never been released.
A week after Mr White’s death, NT Police announced it had suspended the coronial investigation, but Mr Dole today said the coronial investigation was “ongoing”.
When first announcing the suspension of the coronial, police said it had made the decision while working “in consultation” with Coroner Elisabeth Armitage. However about two hours later a “re-released” statement removed that the decision was made in consultation with the coroner.
Both the criminal and coronial investigations were carried out at the same time during the Rolfe investigation, but with different outcomes. While the criminal investigation in that matter leaned towards criminal charges, the coronial investigation found problems with the NT Police’s motives around the criminal investigation, that were later raised during the coronial into the death of Kumanjayi Walker.
The lead coronial investigator told the inquest the criminal investigation in that matter was the most biased investigation he had ever witnessed.
Witnesses alleged Mr White’s arrest was “violent” with one of the officers allegedly pinning the man to the floor with a knee behind his neck area. Mr White lost consciousness and was later pronounced dead.
Police alleged he attacked a female outside a bank before entering the supermarket.
It was also revealed at the time that Mr White had been in court on charges of aggravated assault and assaulting police in relation to a November 2024 incident.
[SRC] https://ntindependent.com.au/investigation-into-kumanjayi-whites-death-referred-to-dpp-for-possible-charges/
